67. Adulteration and misbranding: of Madam C. J. Walker's Tan-Off.    V. S. v.
717 Tins of Madam C. J. Walker's Tan-Off.     Default decree of condemna-
tion and destruction.    (F. D. C. No. 187.    Sample No. 29435-D.)
This product contained ammonia ted mercury, a poisonous or deleterious sub-
stance. It would be dangerous to health when used in the dosage or with the
frequency or duration so prescribed, recommended, or suggested. Its labeling
did not bear adequate directions for use and such adequate warnings against
use in those pathological conditions or by children where its use might be dan-
gerous to health or against unsafe dosage or methods or duration of administra- '-
tion or application in such manner and form as are necessary for the protection
of users. It was recommended in the labeling for brightening sallow or dark skin,
treatment of tan, freckle, and skin-blotch, and for clearing the complexion, with
directions that it be applied with the tips of the fingers before retiring and
allowed to remain on the skin overnight and that after washing in the morning
it be applied and allowed to remain on from 5 to 10 minutes.
On March 8, 1939, the United States attorney for the Northern District of
Ohio, filed a libel against 717 tins of the above-named product at Cleveland,
Ohio, alleging that the article had been shipped in interstate commerce on or
about February 2, 1939, by the Madam O. J. Walker Manufacturing Co. from
Indianapolis, Ind.; and charging that it was adulterated and misbranded.
It was alleged in the libel that the article was a drug which affects the body
function and structure and was misbranded for the reasons stated above. It was
also alleged to be adulterated under the provisions of the law applicable to
cosmetics as reported in O. N. J. No. 17.
On September 8, 1939, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.